Common use of THE DUTIES OF THE CONTRACTOR Clause in Contracts

THE DUTIES OF THE CONTRACTOR. 5.1 The responsibility of the Contractor for its performance The Contractor is responsible for ensuring that the deliverables as a whole (the overall solution) provide the functions and satisfy the requirements specified in the Agreement. The Contractor is responsible for ensuring that the deliverables are tailored to the technical platform specified in Appendices 2 and 3, cf. clause 1.1, and that the deliverables are compatible with other software specified in Appendices 1 and 2. To the extent that standard software included in the deliverables must be delivered under standard licence terms and conditions and agreement terms and conditions (licence terms and conditions), this shall be explicitly stated in a separate chapter in Appendix 2, and copies of the licence terms and conditions shall be appended as Appendix 10. The provisions of the licence terms and conditions governing right of disposal shall prevail over the provisions governing right of disposal in this Agreement, unless otherwise is explicitly stated in Appendix 8. The Contractor shall, however, ensure that standard software is offered under licence terms and conditions with a right of disposal that satisfy the requirements in respect of the deliverables and their area of use stipulated by the Customer in Appendix 1, and this Agreement's provisions governing right of disposal. To the extent that the provisions of licence terms and conditions governing right of disposal differ from this Agreement's provisions governing right of disposal, the Contractor shall describe this clearly in Appendix 7. In the event of defects in title, the Contractor shall not be liable for damages for defects in title associated with standard software beyond that which follows from licence terms and conditions included in Appendix 10 and the coverage of any liability for damages imposed on it in relation to a third party (the rightsholder(s)) pursuant to clause 13.4. The deliverables shall be tested and approved pursuant to this Agreement's provisions governing testing and approval, independent of what may follow from the software's licence terms and conditions. The Contractor shall be responsible for the deliverables (the overall solution) meeting the requirements under this Agreement, irrespective of the provisions of the particular licence terms and conditions. If the deliverables deviate from what was agreed under this Agreement, it shall be the responsibility of the Contractor to rectify the deviation in such a way as to make the deliverables conform to what was agreed, even if such deviation is caused by factors in standard software that are subject to licence terms and conditions that include different provisions on the rectification of errors. The rectification of errors in, or errors caused by, standard software may be effected in any manner that makes the deliverables conform to the requirements under the Agreement. If the Contractor documents that deviations in the deliverables are due to the behaviour of the standard software not matching the software producer's specifications, and that access to the standard software's source code is required in order rectify the errors, the Contractor's obligation to rectify the errors is limited to reporting the error to the software producer, seeking to the best of its ability to make rectification of the error a priority, keeping the Customer informed about the status of the error rectification, and making the rectified version available to the Customer once the error in the standard software has been rectified by the software producer. The Contractor shall assist with installation at the request of the Customer, without additional consideration. The Contractor shall make a reasonable effort to find a temporary solution while the software producer rectifies the error. A maximum financial limit for the Contractor's obligation to work out temporary solutions that work around errors in standard software can be agreed in Appendix 7. Errors in standard software such as those mentioned in the second to last paragraph shall not be included in the assessment of whether or not the acceptance criteria or approval criteria have been fulfilled, unless the Contractor has failed to perform its duties in respect of following up the error rectification and installing the rectified version. As soon as the errors in the standard software have been rectified, the rectified version has been installed, and the Contractor has otherwise performed the tasks necessary for the deliverables to match that which has been agreed, the Customer shall be entitled to a reasonable period of time to retest the deliverables. If such errors as those mentioned in this paragraph result in the Customer deciding to postpone the start of the approval period, the Contractor may not demand consideration for this postponement, even if a change order is issued pursuant to clause 2.5.1, paragraph two. If the errors in the standard software are not rectified by the expiry of the warranty period, the Customer may demand a price reduction and possible damages pursuant to the Agreement's chapter 11.

THE DUTIES OF THE CONTRACTOR. 5.1 The responsibility of the Contractor for its performance THE RESPONSIBILITY OF THE CONTRACTOR FOR ITS PERFORMANCE The Contractor is responsible for ensuring that the deliverables as a whole (the overall solution) provide the functions and satisfy the requirements specified in the Agreement. The Contractor is responsible for ensuring that the deliverables are tailored to the technical platform specified in Appendices 2 and 3, cf. clause 1.1, and that the deliverables are compatible with other software specified in Appendices 1 and 2. To the extent that standard software included in the deliverables must be delivered under standard licence terms and conditions and agreement terms and conditions (licence terms and conditions), this shall be explicitly stated in a separate chapter in Appendix 2, and copies of the licence terms and conditions shall be appended as Appendix 10. The provisions of the licence terms and conditions governing right of disposal shall prevail over the provisions governing right of disposal in this Agreement, unless otherwise is explicitly stated in Appendix 8. The Contractor shall, however, ensure that standard software is offered under licence terms and conditions with a right of disposal that satisfy the requirements in respect of the deliverables and their area of use stipulated by the Customer in Appendix 1, and this Agreement's provisions governing right of disposal. To the extent that the provisions of licence terms and conditions governing right of disposal differ from this Agreement's provisions governing right of disposal, the Contractor shall describe this clearly in Appendix 7. In the event of defects in title, the Contractor shall not be liable for damages for defects in title associated with standard software beyond that which follows from licence terms and conditions included in Appendix 10 and the coverage of any liability for damages imposed on it in relation to a third party (the rightsholder(s)) pursuant to clause 13.4. The deliverables shall be tested and approved pursuant to this Agreement's provisions governing testing and approval, independent of what may follow from the software's licence terms and conditions. The Contractor shall be responsible for the deliverables (the overall solution) meeting the requirements under this Agreement, irrespective of the provisions of the particular licence terms and conditions. If the deliverables deviate from what was agreed under this Agreement, it shall be the responsibility of the Contractor to rectify the deviation in such a way as to make the deliverables conform to what was agreed, even if such deviation is caused by factors in standard software that are subject to licence terms and conditions that include different provisions on the rectification of errors. The rectification of errors in, or errors caused by, standard software may be effected in any manner that makes the deliverables conform to the requirements under the Agreement. If the Contractor documents that deviations in the deliverables are due to the behaviour of the standard software not matching the software producer's specifications, and that access to the standard software's source code is required in order rectify the errors, the Contractor's obligation to rectify the errors is limited to reporting the error to the software producer, seeking to the best of its ability to make rectification of the error a priority, keeping the Customer informed about the status of the error rectification, and making the rectified version available to the Customer once the error in the standard software has been rectified by the software producer. The Contractor shall assist with installation at the request of the Customer, without additional consideration. The Contractor shall make a reasonable effort to find a temporary solution while the software producer rectifies the error. A maximum financial limit for the Contractor's obligation to work out temporary solutions that work around errors in standard software can be agreed in Appendix 7. Errors in standard software such as those mentioned in the second to last paragraph shall not be included in the assessment of whether or not the acceptance criteria or approval criteria have been fulfilled, unless the Contractor has failed to perform its duties in respect of following up the error rectification and installing the rectified version. As soon as the errors in the standard software have been rectified, the rectified version has been installed, and the Contractor has otherwise performed the tasks necessary for the deliverables to match that which has been agreed, the Customer shall be entitled to a reasonable period of time to retest the deliverables. If such errors as those mentioned in this paragraph result in the Customer deciding to postpone the start of the approval period, the Contractor may not demand consideration for this postponement, even if a change order is issued pursuant to clause 2.5.1, paragraph two. If the errors in the standard software are not rectified by the expiry of the warranty period, the Customer may demand a price reduction and possible damages pursuant to the Agreement's chapter 11.

THE DUTIES OF THE CONTRACTOR. 5.1 The responsibility of the Contractor for its performance performance‌ The Contractor is responsible for ensuring that the deliverables as a whole (the overall solution) provide the functions and satisfy the requirements specified in the Agreement. The Contractor is responsible for ensuring that the deliverables are tailored to the technical platform specified in Appendices 2 and 3, cf. clause 1.1, and that the deliverables are compatible with other software specified in Appendices 1 and 2. To the extent that standard software included in the deliverables must be delivered under standard licence terms and conditions and agreement terms and conditions (licence terms and conditions), this shall be explicitly stated in a separate chapter in Appendix 2, and copies of the licence terms and conditions shall be appended as Appendix 10. The provisions of the licence terms and conditions governing right of disposal shall prevail over the provisions governing right of disposal in this Agreement, unless otherwise is explicitly stated in Appendix 8. The Contractor shall, however, ensure that standard software is offered under licence terms and conditions with a right of disposal that satisfy the requirements in respect of the deliverables and their area of use stipulated by the Customer in Appendix 1, and this Agreement's provisions governing right of disposal. To the extent that the provisions of licence terms and conditions governing right of disposal differ from this Agreement's provisions governing right of disposal, the Contractor shall describe this clearly in Appendix 7. In the event of defects in title, the Contractor shall not be liable for damages for defects in title associated with standard software beyond that which follows from licence terms and conditions included in Appendix 10 and the coverage of any liability for damages imposed on it in relation to a third party (the rightsholder(s)) pursuant to clause 13.4. The deliverables shall be tested and approved pursuant to this Agreement's provisions governing testing and approval, independent of what may follow from the software's licence terms and conditions. The Contractor shall be responsible for the deliverables (the overall solution) meeting the requirements under this Agreement, irrespective of the provisions of the particular licence terms and conditions. If the deliverables deviate from what was agreed under this Agreement, it shall be the responsibility of the Contractor to rectify the deviation in such a way as to make the deliverables conform to what was agreed, even if such deviation is caused by factors in standard software that are subject to licence terms and conditions that include different provisions on the rectification of errors. The rectification of errors in, or errors caused by, standard software may be effected in any manner that makes the deliverables conform to the requirements under the Agreement. If the Contractor documents that deviations in the deliverables are due to the behaviour of the standard software not matching the software producer's specifications, and that access to the standard software's source code is required in order rectify the errors, the Contractor's obligation to rectify the errors is limited to reporting the error to the software producer, seeking to the best of its ability to make rectification of the error a priority, keeping the Customer informed about the status of the error rectification, and making the rectified version available to the Customer once the error in the standard software has been rectified by the software producer. The Contractor shall assist with installation at the request of the Customer, without additional consideration. The Contractor shall make a reasonable effort to find a temporary solution while the software producer rectifies the error. A maximum financial limit for the Contractor's obligation to work out temporary solutions that work around errors in standard software can be agreed in Appendix 7. Errors in standard software such as those mentioned in the second to last paragraph shall not be included in the assessment of whether or not the acceptance criteria or approval criteria have been fulfilled, unless the Contractor has failed to perform its duties in respect of following up the error rectification and installing the rectified version. As soon as the errors in the standard software have been rectified, the rectified version has been installed, and the Contractor has otherwise performed the tasks necessary for the deliverables to match that which has been agreed, the Customer shall be entitled to a reasonable period of time to retest the deliverables. If such errors as those mentioned in this paragraph result in the Customer deciding to postpone the start of the approval period, the Contractor may not demand consideration for this postponement, even if a change order is issued pursuant to clause 2.5.1, paragraph two. If the errors in the standard software are not rectified by the expiry of the warranty period, the Customer may demand a price reduction and possible damages pursuant to the Agreement's chapter 11.